McKee v. United States
Supreme Court of the United States
Appeal from the District Court for Southern Illinois, condemning certain cotton claimed by John H. McKee. The case was this: Congress, by act of July 13th, 1861,† passed soon after the outbreak of the late insurrection against the United States, enacted that it might, be lawful for the President, by proclamation, to declare that the inhabitants of any State or part of a State where such insurrection was existing were in a state of such insurrection, and that “ thereupon all…
Read the full summary
Appeal from the District Court for Southern Illinois, condemning certain cotton claimed by John H. McKee. The case was this: Congress, by act of July 13th, 1861,† passed soon after the outbreak of the late insurrection against the United States, enacted that it might, be lawful for the President, by proclamation, to declare that the inhabitants of any State or part of a State where such insurrection was existing were in a state of such insurrection, and that “ thereupon all commercial intercourse by and between the same and citizens thereof and citizens of the rest of the United States should…
1Opinion of the CourtJustice Davis
It is a familiar principle of public law, that unlicensed business intercourse with an enemy during a time of war is not permitted. Congress, therefore, in recognition of this principle, when it declared, on the 13th day of July, 1861, that commercial intercourse between the seceding States and the rest of the United States should cease and be unlawful, after the proclamation of the President that a state of insurrection existed, authorized the President, in his discretion, to license trade. But in so far as it was licensed, it was to be conducted in accordance with the regulations prescribed…
2Cited by8 opinions
- Dunham v. PresbyMassachusetts Supreme Judicial Court · 1876
- The Cherokee Nation or Tribe of Indians in Oklahoma, the Choctaw Nation and the Chickasaw Nation v. State of OklahomaCourt of Appeals for the Tenth Circuit · 1968
- DeJarnette v. DeGivervilleSupreme Court of Missouri · 1874
- Lyon & Co. v. Kent, Payne & Co.Supreme Court of Alabama · 1871
- Anderson v. United StatesSupreme Court of the United States · 1871
3 more not listed; retrieve them via the Exa API.